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HomeMy WebLinkAbout2007-12-11; City Council; 19245; NOC Construction of Storage Building & RestroomsCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 19,245 12/11/07 ENG NOTICE OF COMPLETION OF CONTRACT FOR CONSTRUCTION OF STATION 5 STORAGE BUILDING AND SKATE PARK RESTROOMS, PROJECT NO. 3688 DEPT. HEA&ftl/g^ CITYATTY. (^?> CITY MGR. \JJ(^~ RECOMMENDED ACTION: Adopt Resolution No. 2007-308 accepting the contract for construction of Station 5 Storage Building and Skate Park Restrooms, Project No. 3688 as complete, and directing the City Clerk to record a Notice of Completion and release bonds in accordance with State Law and City Ordinances. ITEM EXPLANATION: On July 15, 2003, MSC International was awarded a contract in the amount of $232,273 for the Station 5 Storage Building and Skate Park Restrooms, Project No. 3688. MSC International defaulted on the contract and did not complete the work. On May 19, 2006, a Takeover Agreement was executed between the City of Carlsbad and American Contractors Indemnity Company (ACIC), MSC International's insurance company. ACIC substantially completed construction on November 9, 2006, and completed the punch list work on March 28, 2007. A change order with deleted and diminished value items was executed on September 4, 2007. City staff has inspected the work and found it to be satisfactory. Staff recommends formal acceptance of the improvements by the City Council. ENVIRONMENTAL IMPACT: The approval of a Notice of Completion is a ministerial process and is exempt from the requirements of CEQA pursuant to Section 15268 of the State CEQA Guidelines. FISCAL IMPACT: STATION 5 STORAGE BUILDING AND SKATE PARK RESTROOMS, PROJECT NO. 3688 (MSC INTERNATIONAL AND AMERICAN CONTRACTORS INDEMNITY COMPANY) Construction Award Construction Contingency Total Construction Expenditures Remaining Balance $ $ $ $ $ 232,273 35,000 267,273 241,674 25,599 FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED * D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D Page 2 EXHIBITS: 1. Location map. 2. Resolution No. accepting the contract for construction of Station 5 Storage Building and Skate Park Restrooms, Project No. 3688 as complete. 3. Notice of Completion. DEPARTMENT CONTACT: Patrick Vaughan 760-602-2780, x7321, pvauq@ci.carlsbad.ca.us LOCATION MAP CARLSBAD SKATE PARK FIRE ENGINE ENTRANCE FARADAYAVE. PROPOSED BUILDING cm or OCEANSOC HIGHWAY i^ VICINITY MAP HOT TO SCALE NOT TO SCALE PROJECT SITE PROJECT NAME FIRE STATION #5 STORAGE FACILITY AND RESTROOMS PROJECT NUMBER 3688 EXHIBIT 1 SCOTT EVANS, CARLSBAD ENOraEtmNG DEPT. 6/13/02 K \CAPITAL\XoS.Dmi 1 RESOLUTION NO. 2007-308 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, ACCEPTING THE CONTRACT FOR CONSTRUCTION OF STATION 5 STORAGE BUILDING AND 4 SKATE PARK RESTROOMS, PROJECT NO. 3688, AS COMPLETE. 5 WHEREAS, the construction of the Station 5 Storage Building and Skate Park 6 Restrooms was substantially completed on November 9, 2006, all punch list work was completed 7 on March 28, 2007, and the final change order was executed on September 4, 2007; and 8 WHEREAS, the work was awarded to and begun by MSC International; and 9 WHEREAS, MSC International defaulted on the contract; and 10 WHEREAS, a takeover agreement was executed on May 19, 2006 with MSC International's surety company, American Contractors Indemnity Company; and WHEREAS, the work was completed to the City's satisfaction by American Contractors 1 O Indemnity Company; and14 WHEREAS, the formal project Notice of Completion has been prepared; and I O WHEREAS, all project costs have been established to date. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:1o 1 g 1. That the above recitations are true and correct. 20 2. That the Station 5 Storage Building and Skate Park Restrooms, specifically 21 identified as Project No. 3688, is deemed complete and is hereby accepted by the City Council of 22 the City of Carlsbad. 23 3. The City Clerk of the City of Carlsbad is hereby authorized and directed to 24 execute and record the Notice of Completion for Station 5 Storage Building and Skate Park 25 Restrooms, Project No. 3688. 26 // 27 // 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of December, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard NOES: None ABSENT: None ATTEST: LORRAINE M. WOOD, City Clerk' RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Space above this line for Recorder's use. PARCEL NO: 209-050-26-00 NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on September 4, 2007. 6. The name of the contractor for such work or improvement is American Contractors Indemnity Company. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Station 5 Storage Building and Skate Park Restrooms, Project No. 3688. 8. The street address of said property is in the City of Carlsbad. CITY OF CARLSBAD Robert T. John City Engineer VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on December 11 , 2007 . accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 12 . 20 07 . at Carlsbad, California. •ITY OF CARLSBADx\\»»""// AB19.245 Reso 2007-308 ^ LORRAINE M. WOOD = City Clerk Word\Masters\Forms\Notice of Completion (City)3/9/98